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MTR. OF STORTECKY v. MAZZONE

85 N.Y.2d 518 (1995)

650 N.E.2d 391

626 N.Y.S.2d 733

In the Matter of Frederick R. Stortecky, Respondent-Appellant, v. Michael A. Mazzone, as Surrogate of the County of Fulton, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1995.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Wayne L. Benjamin, Jerry Boone, Peter H. Schiff, Victoria A. Graffeo and Andrea Oser of counsel), for appellant-respondent.

Sise & Sise, Amsterdam (Robert J. Sise of counsel), for respondent-appellant.

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Uniondale (John J. Barnosky, John R. Morken and Ilene S. Cooper of counsel), and G. Robert Witmer, Jr., Albany, for New York State Bar Association, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

Respondent is the Surrogate of Fulton County and petitioner the attorney for an estate being processed in respondent's court. In January 1992 the executor submitted a petition for a final settlement of its account accompanied by waivers executed by all interested parties. Because respondent questioned some items in the account and petitioner's fees for services, he ordered a hearing sua sponte<...

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